THE APPEALS CHAMBER of the International Tribunal
for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed
in the Territory of the former Yugoslavia since 1991
(“Appeals Chamber” and “International
Tribunal”, respectively),

NOTING the appeal1 filed by
Savo Todovic (“Appellant”) against the “Decision on
Referral of Case under Rule
11bis with Confidential Annexes I and II” rendered
by the Referral Bench on 8 July 2005 (“Impugned Decision”);

BEING SEIZED of “Savo Todovic’s Defence Supplemental
Submission Concerning Certain New Information in the
Context of the Ongoing Rule 11bis Appellate
Proceedings” filed by the Appellant on 24 January
2006 (“Supplemental Submission
”), in which the Appellant seeks leave to supplement
the previous submissions made in his Appellant’s Brief
and Reply Brief with certain information;2

NOTING that some of the information in the Supplemental
Submission, which the Appellant seeks to submit includes, inter
alia, the following assertions
: (a) that “the Defence understands that the Detention
Unit [of the Bosnia and Herzegovina State Court in
Sarajevo] currently has no space to accommodate any
new inmates;”3
(b) that on 21 December 2005, during the “Hayat” television
news broadcast, the President of the Bosnia and Herzegovina
State Court in Sarajevo stated that the funds and
facilities available to the court were insufficient;4
and (c) that Counsel for the Appellant has been informed
by Mr. Rupert Skilbeck from the Bosnia and Herzegovina
State Court Criminal Defence Section that the fees
for professional services of counsel representing
indigent accused persons can only be paid at the conclusion
of each case;5

NOTING that the Prosecution submits in response
that: (a) the Appellant has failed to state any grounds
that would justify granting the relief sought, either
substantial or procedural;6 (b) the
Supplemental Submission does not supplement the legal
arguments advanced in the Appellant’s Brief but rather
seeks to expand the factual record with entirely new
material;7 and
(c) the Appellant has contravened the Rules in light
of the fact that he seeks to rely upon this new material
without invoking Rule 115 of the Rules of Procedure
and Evidence of the International Tribunal (“Rules”);8

RECALLING that the Appeals Chamber has previously
held that if an appellant requires a substantive amendment
to supplement his Appellant’s Brief, he or she
may, pursuant to Rule 127(A)(ii) and (B) of the Rules, “file
(the( said supplement with a request that the Appeals
Chamber recognize the late filing of this part of
the Appellant’s Brief as validly filed on condition
that the (appellant( provide (s( sufficient reasons
constituting good cause for the Appeals Chamber to
do so”;9

CONSIDERING that the Supplemental Submission
states that the Appellant “has
come into possession of certain information” which
is relevant to the present proceedings and in particular
the “fair trial standard;”10

CONSIDERING that in order for the said information
to become part of the record, it has to be admitted
as additional evidence on appeal pursuant to Rule
115 of the Rules;11

CONSIDERING that even if the Appellant had submitted
the Supplemental Submission as additional evidence
through the procedures envisaged in Rule 115 of the
Rules, he has failed to provide sufficient arguments
substantiating his assertions that the information
and factual allegations raised therein are relevant
to his appeal against the Impugned Decision and “raise
additional concerns […] as to the fairness
of proceedings before the [Bosnia and Herzegovina State
Court in Sarajevo];”12

FINDING therefore that the Appellant has failed
to demonstrate good cause for the Appeals Chamber
to accept the Supplemental Submission as validly filed
within the meaning of Rule 127(A)(ii) and (B) of the
Rules;

FOR THE FOREGOING REASONS,

HEREBY DIMISSES the Supplemental Submission.

Done in English and French, the English version being
authoritative.

Done this twenty third day of February 2006,
At The Hague,
The Netherlands.